Insight Compass

What are undertakings?

What are undertakings?

An undertaking is “a promise given by one party to the Court, frequently of mandatory nature and relating to an obligation to the other party in proceedings.” Undertakings are a legally binding promise which carry severe consequences if breached.

How is dominance typically determined in competition cases?

The assessment of the undertaking’s position on the market is made by examining the undertaking’s current market position, in particular its market share in relation to its competitors’, and then other factors indicating dominance, especially barriers which would impinge upon entry or expansion by actual or potential …

What is restriction of competition by object?

“Restrictions of competition by object are those that by their very nature have the potential of restricting competition.

What are undertaking in law?

An undertaking is a promise from a lawyer to another that must be kept. Legal life without undertakings would be unthinkable. Without undertakings, real estate lawyers would need to meet face to face to exchange documents!

What is meant by undertaking in law?

The word ‘Undertaking’ has been defined as ‘any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade’.

What is a dominant undertaking?

An undertaking is dominant if it is in a position that allows it to behave to an appreciable extent independently of its competitors, customers and end-users.

WHO is concerned by competition law?

The FTC’s competition mission is to enforce the rules of the competitive marketplace — the antitrust laws. These laws promote vigorous competition and protect consumers from anticompetitive mergers and business practices.

What is a restriction of competition?

Any arrangement by which competitors allocate markets (geographic markets or product markets) or customers is considered a restriction by object if it takes place in the context of a pure market sharing agreement between competitors (that is to say, a cartel not linked to any wider cooperation between the parties).

What happens at an undertaking?

Rather than keeping a person in custody to appear before a court the Police will charge and release a person to appear at court at a later date. The person gives a signed “undertaking” that they will attend at court on the date and time indicated on the form. You MUST attend court.

Who can give undertakings?

Undertakings are given on behalf of the firm and not an individual. You should only give an undertaking if you are duly authorised by your firm to do so. If you are so authorised, you must ensure you comply with any procedures your firm has in relation to undertakings.